PRINTER'S NO. 399
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
422
Session of
2021
INTRODUCED BY HICKERNELL, BROOKS, CAUSER, CIRESI, DeLUCA, FEE,
FREEMAN, GREINER, HENNESSEY, HILL-EVANS, KAUFFMAN, KEEFER,
MARKOSEK, MENTZER, MILLARD, B. MILLER, MOUL, NEILSON, RYAN,
STAATS, STAMBAUGH, STURLA, ZIMMERMAN AND JAMES,
FEBRUARY 8, 2021
REFERRED TO COMMITTEE ON AGING AND OLDER ADULT SERVICES,
FEBRUARY 8, 2021
AN ACT
Amending the act of November 6, 1987 (P.L.381, No.79), entitled
"An act relating to the protection of the abused, neglected,
exploited or abandoned elderly; establishing a uniform
Statewide reporting and investigative system for suspected
abuse, neglect, exploitation or abandonment of the elderly;
providing protective services; providing for funding; and
making repeals," in administration, providing for Statewide
registry of perpetrators of abuse in facilities; and making
editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of November 6, 1987 (P.L.381, No.79),
known as the Older Adults Protective Services Act, is amended by
adding a section to read:
Section 312. Statewide registry of perpetrators of abuse in
facilities.
(a) Establishment.--The department shall establish a
Statewide registry of persons found to be substantiated
perpetrators of abuse, neglect, abandonment or e xploitation of
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older persons in facilities.
(b) Information in registry.--The registry shall include,
but not be limited to, the following:
(1) The name, Social Security number, age, sex and
address of the perpetrator.
(2) The facility or facilities where the perpetrator
committed the abuse, neglect, abandonment or exploitation.
(3) A description of the abuse, neglect, abandonment or
exploitation committed by the perpetrator, including the date
or dates of the incidents.
(c) Expungement.--The department shall immediately expunge
information in the registry pertaining to a perpetrator where
the finding of the agency, as defined in 6 Pa. Code § 15.2
(relating to definitions), has been reversed upon appeal under 6
Pa. Code § 15.82(3) (relating to rights of alleged abusers).
(d) Information submitted by prospective employees.--The
administrator of a facility shall require prospective employees
to submit with their applications for employment a certification
from the department stating whether the applicant is named in
the registry as a perpetrator. The certificate must be obtained
within the one-year period of the submission date of the
application.
(e) Regulations.--The department shall promulgate the
regulations necessary to carry out this section.
(f) Confidentiality.--The department shall comply with
sections 306 and 705 with regard to the confidentiality of
information contained within the registry.
Section 2. Sections 504 and 705(b)(2) of the act are amended
to read:
Section 504. Regulations.
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The department, in consultation with the Department of Health
and the Department of [Public Welfare] Human Services, shall
promulgate the regulations necessary to carry out this chapter.
Section 705. Confidentiality of and access to confidential
reports.
* * *
(b) Exceptions.--A report under this chapter shall be made
available to all of the following:
* * *
(2) An employee of the Department of Health or the
Department of [Public Welfare] Human Services in the course
of official duties.
* * *
Section 3. This act shall take effect in 180 days.
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